6.10.2007   

EN

Official Journal of the European Union

C 235/7

Judgment of the Court (Second Chamber) of 18 July 2007 — Commission of the European Communities v Italian Republic

(Case C-382/05) (1)

(Failure of a Member State to fulfil obligations - Public service contracts - Directive 92/50/EEC - Agreements concerning the treatment of municipal waste - Classification - Public contract - Service concession - Advertising measures)

(2007/C 235/10)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: A. Aresu and X. Lewis, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia and G. Fiengo, Agents)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 11, 15 and 17 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) — Award of a contract without publication of the appropriate notice — Agreements concluded for the use of the remaining part of municipal waste produced in the municipalities of the Region of Sicily

Operative part of the judgment

The Court:

1.

Declares that, owing to the fact that the Presidenza del Consiglio dei Ministri — Dipartimento per la protezione civile — Ufficio del Commissario delegato per l'emergenza rifiuti e la tutela delle acque in Sicilia (i) initiated the procedure for the conclusion of agreements concerning the use of that part of municipal waste produced in the municipalities of the Region of Sicily and remaining after the collection of selected material and (ii) concluded those agreements, without following the procedures laid down by Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, and, in particular, without publishing the appropriate contract notice in the Official Journal of the European Communities, the Italian Republic failed to fulfil its obligations under that directive, in particular under Articles 11, 15 and 17 thereof;

2.

Orders the Italian Republic to pay the costs.

(1)  OJ C 22, 28.1.2006.